How a veterans disability lawyers Disability Attorney Can Help You Get the Benefits You Deserve

The process of obtaining veterans disability benefits can be a challenge. A qualified veterans disability lawyer will guide you from start to finish.

It's important that you locate an attorney who practices disability law and handles cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

If the VA denies a claim or does not allow benefits to be approved, it allows the veteran, or his or the spouse who died to appeal. This is a complicated and lengthy process that could be complicated even for the most straightforward disability claims. A veteran disability lawyer can assist you in understanding all of your options and get the benefits you deserve.

The most common reason for people to file a claim for disability is that they are unhappy with their disability status. In this case, a lawyer can ensure that the evidence is in place to support an appropriate rating based on a debilitating condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by people who have had to wait too long for their benefits. The lawyer can assist in determining the missing documents and submit a request the VA for those records.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, as well as any other responsibilities you may have. Certain attorneys are veterans and this can create an unmatched empathy for their clients. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Veterans can appeal VA decision if they disagree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence presented in the original claim, and make a new determination. The senior reviewer may confirm or reverse the previous rating decision.

A veteran or their representative could request an informal meeting to discuss the matter with the senior reviewer. However, only one conference is permitted. At this meeting it is important to prepare and present your case's information in a concise manner. A lawyer for veterans may help you prepare and participate in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For instance, if the earlier reviewer misinterpreted evidence or committed errors in the law. Senior reviewers can correct the errors by altering the decision made previously however only if it is in the best interest of the claimant.

A personal hearing could be arranged for the claimant in the wake of the higher-level review. This is an opportunity for those seeking to be heard by the person who will be reviewing their claim and present their arguments. A veterans disability lawyer can help you determine whether it is necessary to request a private hearing, and also with preparing and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you are able to file a notice of disagreement within one year of the date when the local office sends you the initial denial letter. The VA will then review your claim again and prepare a Statement of Case.

You must use VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help complete this form correctly to ensure it is effective in contesting the decision. You don't have to include every reason why you disagree with the decision. However it is best to be specific in order that the VA knows exactly what you believe is incorrect. Your attorney can guide you on what evidence to submit in the NOD such as statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage If you are denied, you can try again to be reviewed by a senior reviewer in form of a Higher-Level Review. This can take up to 25 months, and it is important to have your lawyer by all the process. If the VA is unable to resolve your claim, your lawyer may request a hearing to be held before a Veterans Law Judge to present evidence and testimony in person. Your attorney will draft your check when your claim is accepted.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans are paid for their injuries, illnesses and conditions incurred during service. But, the VA is a massive bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can assist claimants navigate the system and offer the needed assistance.

If a veteran files a Notice of Disagreement in his or her local VA office, the VA must conduct an investigation into the case. This involves examining the laws, regulations and evidence used to reach the original decision. This includes looking over the medical records of the veteran and in the event of a need lay statements. The VA must send the claimant an official statement of the case that includes a list of all evidence it reviewed.

This statement should explain clearly the reasoning behind the decision, including how it decided to interpret the laws and regulations that affected the case. It should address the issues made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was filed. However, due to the VA backlog and backlog, the agency could delay the release of the document. If you're a veteran attempting to appeal an appeal of a rating decision or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.